Shields v. Prendergast

VAUGHN, Judge.

If the note sued on is a demand instrument, a cause of action accrued against the maker on the date of the instrument, and consequently, the period of limitation began to run in favor of the maker on that date, 3 February 1970. G.S. 25-3-122(1)(b); G.S. 1-15; Ervin v. Brooks, 111 N.C. 358, 16 S.E. 240 (1892); Caldwell v. Rodman, 50 N.C. 139 (1857). In that event, the judge’s conclusion that the suit was barred because it was not instituted within three years, would be correct.

By its terms the note is “Due At request” or payable on demand. Plaintiff contends that because of the…